• Home
  • Latest
  • Fortune 500
  • Finance
  • Tech
  • Leadership
  • Lifestyle
  • Rankings
  • Multimedia

Trendingnow

1

AI CEOs from OpenAI, Anthropic, and Microsoft set aside their rivalry to warn Congress AI is making it too easy to design and create bioweapons

2

MacKenzie Scott's approach to her $26 billion giving spree was inspired by a book she read in college about writing

3

Social Security faces a 24% cut in 2032—that's a $345 billion hit to retirees nationwide, watchdog says

1

AI CEOs from OpenAI, Anthropic, and Microsoft set aside their rivalry to warn Congress AI is making it too easy to design and create bioweapons

2

MacKenzie Scott's approach to her $26 billion giving spree was inspired by a book she read in college about writing

3

Social Security faces a 24% cut in 2032—that's a $345 billion hit to retirees nationwide, watchdog says

Too big to fail survives again

By
Colin Barr
Colin Barr
Down Arrow Button Icon
By
Colin Barr
Colin Barr
Down Arrow Button Icon
June 25, 2010, 4:56 PM ET

Zombie banks, take comfort: The zombie regulatory system lives on.

The financial reform legislation hammered out Friday morning on Capitol Hill closes many of the loopholes that led to the last crisis. But it stops well short of breaking the bad habit that has fed outlandish risk-taking for almost three decades: too big to fail.



How will they handle the next crisis?

The reform bill does take strides toward a safer financial system. It will create a process for liquidating troubled financial firms, making another AIG less likely. It will boost oversight and transparency in the derivatives markets, making the crisis virus less contagious. It will charge a group of watchdogs with keeping an eye on systemic risk, which could keep Wall Street wagers from bubbling over.

“They have made solid progress setting up a system to ensure financial calamities are less frequent,” said Raj Date, who runs the Cambridge Winter Center, a nonprofit financial policy consultant. “I would give it a B over all.”

But to earn an A grade, reformers in Congress and the administration would have had to go further.

They could have confronted the biggest threats to the taxpayer-funded safety net, and tied their own hands to send the message they won’t rush in to save the next big fool that gets in trouble.

Instead, they produced a 1,500-page bill that leaves the biggest financial firms untouched and preserves bailout powers that were infamously exploited in 2008.

So too big to fail, born in the 1984 bailout of Continental Illinois and assailed ever since, staggers forward to the next crisis.

“We need to reinforce the expectation that there will be no bailouts,” said Richard Carnell, a law professor at Fordham University who served in the Clinton Treasury. “But the approach used here entrenches the bailout expectations.”

Early on, the administration decided it wouldn’t defang the biggest risk to financial stability: the giant banks whose size and appetite for risk makes many observers nervous, and the loss-soaked mortgage insurers Fannie Mae  and Freddie Mac .

A bill proposed in April by Democratic Sens. Ted Kaufman of Delaware and Sherrod Brown of Ohio would have capped bank size and leverage, forcing behemoths such as Bank of America  and JPMorgan Chase  to slim down.

Proponents say they believe the bill was gathering strength in a Congress animated by anti-Wall Street sentiment, but was defeated by the administration’s opposition. Wall Street has been a huge campaign contributor, and the White House was loath to be seen supporting a bill that could cost high-paying jobs in a globally competitive industry.

“We were very disappointed in the way that vote went down,” said Heather Slavkin of the AFL-CIO.

The new rules do give regulators tools to break up banks should they pose a threat to the health of the financial system. But once a big financial firm runs into problems, the market inevitably gets nervous. 

Taking decisive action without either permitting market upheaval or resorting to bailouts “is very painful,” said Date. “We still haven’t instilled dramatically different debt-market discipline, and that’s what we need to do.”

To that end, it’s distressing that one of the most infamous loopholes of the last crisis lives on: the rule that allows the Fed to lend to just about anyone if their problems threaten to upset the financial apple cart.

The bill would place conditions on the Fed’s use of that power, but Philadelphia Fed President Charles Plosser would go further.

This week he proposed that the Fed relinquish that authority, which was used in a potentially costly taxpayer-backed 2008 sale of Bear Stearns to JPMorgan. Plosser said the Fed’s bailouts undermined the agency’s authority by allowing it to make spending decisions that rightly belong with Congress.

He called for an agreement that “would eliminate the ability of the Fed to engage in bailouts of individual firms or sectors and place such accountability where it rightly belongs — with the fiscal authorities.”

But regulators aren’t exactly turning cartwheels about anything that would impair their flexibility when the next crisis comes.

This, in turn, reassures creditors who lend freely to giant firms, assuming they will be saved by the taxpayer bell should a calamity develop. The free flow of capital to TBTF firms lets them grow at the expense of smaller rivals.

Until market overseers have a better grip on where the risks lie and show a willingness to act ruthlessly to stamp them out, the mentality that fed the last bubble will live on.

“Short term stability is what’s popular,” said Carnell. “But you have to be willing to accept some near-term instability for the sake of systemic health, and there is no sign that they are.”

About the Author
By Colin Barr
See full bioRight Arrow Button Icon

Latest in

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025

Most Popular

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Fortune Secondary Logo
Rankings
  • 100 Best Companies
  • Fortune 500
  • Global 500
  • Fortune 500 Europe
  • Most Powerful Women
  • World's Most Admired Companies
  • See All Rankings
  • Lists Calendar
Sections
  • Finance
  • Fortune Crypto
  • Features
  • Leadership
  • Health
  • Commentary
  • Success
  • Retail
  • Mpw
  • Tech
  • Lifestyle
  • CEO Initiative
  • Asia
  • Politics
  • Conferences
  • Europe
  • Newsletters
  • Personal Finance
  • Environment
  • Magazine
  • Education
Customer Support
  • Frequently Asked Questions
  • Customer Service Portal
  • Privacy Policy
  • Terms Of Use
  • Single Issues For Purchase
  • International Print
Commercial Services
  • Advertising
  • Fortune Brand Studio
  • Fortune Analytics
  • Fortune Conferences
  • Business Development
  • Group Subscriptions
About Us
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • Facebook icon
  • Twitter icon
  • LinkedIn icon
  • Instagram icon
  • Pinterest icon

Latest in

Serena Williams
SuccessSerena Williams
Serena Williams’ secret to success is about more than talent: You have to grind ‘every day’
By Emma BurleighJune 6, 2026
1 hour ago
Billionaires Elon Musk and Mark Zuckerberg used mortgages to buy multimillion-dollar mansions. Here’s why that’s a savvy financial decision
Real Estatemortgages
Billionaires Elon Musk and Mark Zuckerberg used mortgages to buy multimillion-dollar mansions. Here’s why that’s a savvy financial decision
By Sydney LakeJune 6, 2026
1 hour ago
sa
CommentaryIPOs
When good money goes bad: the question SpaceX and OpenAI investors aren’t asking
By Rory McDonaldJune 6, 2026
2 hours ago
Man holding his fists together.
InnovationElon Musk
Elon Musk bullet-proofed his $1 trillion ‘Mars-shot’ pay at SpaceX after the epic battle over his $56 billion moonshot at Tesla
By Amanda GerutJune 6, 2026
2 hours ago
Upset frustrated and confused female worker folding hands on chin
Future of Workcompensation
A CEO denied raises to spend money on AI instead. Companies have ‘no idea what they’re going to need in a workforce’ when the AI race is over
By Jacqueline MunisJune 6, 2026
4 hours ago
SpaceX needs to grow 60x in a decade to justify a $1.75 trillion valuation. No company has ever come close
InvestingFinance
SpaceX needs to grow 60x in a decade to justify a $1.75 trillion valuation. No company has ever come close
By Shawn TullyJune 6, 2026
5 hours ago

Most Popular

AI CEOs from OpenAI, Anthropic, and Microsoft set aside their rivalry to warn Congress AI is making it too easy to design and create bioweapons
AI
AI CEOs from OpenAI, Anthropic, and Microsoft set aside their rivalry to warn Congress AI is making it too easy to design and create bioweapons
By Marco Quiroz-GutierrezJune 5, 2026
1 day ago
MacKenzie Scott's approach to her $26 billion giving spree was inspired by a book she read in college about writing
Success
MacKenzie Scott's approach to her $26 billion giving spree was inspired by a book she read in college about writing
By Sydney LakeJune 5, 2026
1 day ago
Social Security faces a 24% cut in 2032—that's a $345 billion hit to retirees nationwide, watchdog says
Economy
Social Security faces a 24% cut in 2032—that's a $345 billion hit to retirees nationwide, watchdog says
By Nick LichtenbergJune 5, 2026
1 day ago
Current price of oil as of June 5, 2026
Personal Finance
Current price of oil as of June 5, 2026
By Joseph HostetlerJune 5, 2026
23 hours ago
Ohio city workers are covering automated license plate readers with trash bags as officials sound the alarm on 'egregious violations' of privacy
Cybersecurity
Ohio city workers are covering automated license plate readers with trash bags as officials sound the alarm on 'egregious violations' of privacy
By Sasha RogelbergJune 3, 2026
3 days ago
'Big Tech is desperate': Amazon engineers are calling out the tech giant for its $200 billion in data center spending after slashing 30,000 workers
Environment
'Big Tech is desperate': Amazon engineers are calling out the tech giant for its $200 billion in data center spending after slashing 30,000 workers
By Sasha RogelbergJune 5, 2026
1 day ago

© 2026 Fortune Media IP Limited. All Rights Reserved. Use of this site constitutes acceptance of our Terms of Use and Privacy Policy | CA Notice at Collection and Privacy Notice | Do Not Sell/Share My Personal Information
FORTUNE is a trademark of Fortune Media IP Limited, registered in the U.S. and other countries. FORTUNE may receive compensation for some links to products and services on this website. Offers may be subject to change without notice.